(a) The
General Assembly hereby adopts the "Bill of Rights for Hospital
Patients" as follows:

(1) The
patient has the right to considerate and respectful care at all times and under
all circumstances with recognition of his or her personal dignity.

(2) The
patient shall have an attending physician who is responsible for coordinating a
patient's care.

(3) The
patient has the right to obtain, from the physician coordinating his or her
care, complete and current information concerning diagnosis, treatment, and any
known prognosis in terms the patient can reasonably be expected to understand.
If the patient consents or if the patient is incompetent or unable to
understand, immediate family members or a guardian may also obtain this
information. The patient has the right to know by name the attending physician
primarily responsible for coordinating his or her care.

(4) Except in
emergencies, the patient has the right to receive from the patient's physician
information necessary to give informed consent prior to the start of any
procedure or treatment, or both. Such information for informed consent should
include the specific procedure or treatment, or both, the medically significant
risks involved, and the probable duration of incapacitation. Where medically
significant alternatives for care or treatment exist, or when the patient
requests information concerning medical alternatives, the patient has the right
to such information. The patient also has the right to know the name of the
person responsible for the procedures or treatment, or both.

(5) The
patient has the right to refuse treatment to the extent permitted by law. In
the event the patient refuses treatment, the patient shall be informed of the
medical consequences of that action, and the hospital shall be relieved of any
further responsibility for that refusal.

(6) The
patient has the right to every consideration of privacy concerning the
patient's own medical care program. Case discussion, consultation, examination,
and treatment are confidential and shall be conducted discreetly. Those not
directly involved in the patient's care must have the permission of the patient
to be present. This right includes the right, upon request, to have a person of
one's own sex present during certain parts of a physical examination,
treatment, or procedure performed by a health care professional of the opposite
sex; and the right not to remain disrobed any longer than is required for
accomplishing the medical purpose for which the patient was asked to disrobe.
The patient has the right to wear appropriate personal clothing and religious
or other symbolic items so long as they do not interfere with diagnostic
procedures or treatment.

(7) The
patient has the right to expect that all communications and records pertaining
to his or her care shall be treated as confidential. Only medical personnel, or
individuals under the supervision of medical personnel, directly treating the
patient, or those persons monitoring the quality of that treatment, or
researching the effectiveness of that treatment, shall have access to the
patient's medical records. Others may have access to those records only with
the patient's written authorization.

(8) The
patient has the right to expect that within its capacity a hospital shall
respond reasonably to the request of a patient for services. The right shall
include if physically possible a transfer to another room or place if another
person in that room or place is disturbing the patient by smoking or other
unreasonable actions. When medically permissible a patient may be transferred
to another facility only after receiving complete information and explanation
concerning the needs for and alternatives to such a transfer. The institution
to which the patient is to be transferred must first have accepted the patient
for transfer.

(9) The
patient has the right to know the identity and professional status of
individuals providing service to him or her, and to know which physician or
other practitioner is primarily responsible for his or her care. This includes
the patient's right to know of the existence of any professional relationship
among individuals who are treating him or her, as well as the relationship to
any other health care or educational institutions involved in his or her care.

(10) The
patient has the right to be advised if the hospital proposes to engage in or
perform human experimentation affecting the patient's care or treatment.
Participation by patients in clinical training programs or in the gathering of
data for research purposes shall be voluntary. The patient has the right to
refuse to participate in such research projects.

(11) The
patient has the right to expect reasonable continuity of care. The patient has
the right to be informed by the attending physician of any continuing health
care requirements following discharge.

(12) The
patient has the right to receive an itemized, detailed, and understandable
explanation of charges regardless of the source of payment.

(13) The
patient has the right to know what hospital rules and regulations apply to his
or her conduct as a patient.

(14) Whenever
possible, guardians or parents have the right to stay with their children 24
hours per day. Whenever possible, agents, guardians, or immediate family
members have the right to stay with terminally ill patients 24 hours per day.

(15) A patient
who does not speak or understand the predominant language of the community has
a right to an interpreter if the language barrier presents a continuing problem
to patient understanding of the care and treatment being provided. A patient
who is hard of hearing has a right to an interpreter if the impairment presents
a continuing problem to patient understanding of the care and treatments being
provided.

(16) The patient
has the right to receive professional assessment of pain and professional pain
management.

(17) The
patient has the right to be informed in writing of the availability of hospice
services and the eligibility criteria for those services.

(18) The patient
has the right to know the maximum patient census and the full-time equivalent
numbers of registered nurses, licensed practical nurses, and licensed nursing
assistants who provide direct care for each shift on the unit where the patient
is receiving care.

(b) Failure to
comply with any provision of this section may constitute a basis for
disciplinary action against a physician under 26 V.S.A. chapter 23. A complaint
may be filed with the Board of Medical Practice.

(a) A hospital
shall make public the maximum patient census and the number of registered
nurses, licensed practical nurses, and licensed nursing assistants providing
direct patient care in each unit during each shift. Each unit's information
shall be reported in full-time equivalents, with either every eight hours or 12
hours worked by a registered nurse, licensed practical nurse, or licensed
nursing assistant during the shift as one full-time equivalent. The reporting of
this information shall be in a manner consistent with the requirements for
public reporting for measures of nurse staffing selected by the Commissioner of
Health under subdivision 9405b(a)(4) of this title, but shall not in any way
change what is required to be posted as set forth in this subsection. Each
unit's information shall be posted in a prominent place that is readily
accessible to patients and visitors in that unit at least once each day. The
posting shall include the information for the preceding seven days.